SCIENTIFIC AND LEGISLATIVE APPROACHES TO THE DEFINITION OF THE GENDER EQUALITY CONCEPT AS A PART OF CONSTITUTIONAL EQUALITY
Journal Title: «Приватне та публічне право» - Year 2017, Vol 3, Issue
Abstract
The article highlights gender equality as a sign of a democratic state, a part of constitutional equality and a component of human rights. Existing scientific approaches to the definition of gender equality are explored. First, it is proposed to consider the definition of its components. The article emphasizes that there is currently no single approach to the definition of gender in science. It reveals the emergence of the term gender, as well as scientific approaches to the concept and features of gender in various scientific fields, in particular philosophy, sociology, jurisprudence. The problem of the national science concerning the identification of gender and sex is determined. An international definition of the concept of gender enshrined in the Council of Europe Convention on preventing and combating violence against women and domestic violence is presented. There is a lack of definition of the concept of gender at the level of national legislation and the problem in the absence of ratification of the said Council of Europe Convention. In the article the approaches to the definition of the concept of equality are investigated. It is determined that equality is one of the main constitutional and legal principles of human rights. Equality between women and men is an integral part of equality. It is indicated that it is impossible to achieve perfect equality. There are three main approaches to understanding equality: formal (legal) equality, equality of opportunity and equality of result. It is noted that the guarantee of equality is enshrined at the level of the Constitution of Ukraine. Approaches to the definition of gender equality are considered. It was noted that the concept of gender equality was first established in the national legislation at the level of the Decree of the Cabinet of Ministers of Ukraine “On the National Plan of Action for the Advancement of Women and Promoting the Implementation of Gender Equality in Society for 2001–2005” of May 6, 2001, however, there was no legislational definition of gender equality. It is pointed out that the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men”, adopted by the Verkhovna Rada of Ukraine on September 8, 2005, defines the institutional and legal foundations of gender relations in society, as well as the legal status of the idea of gender equality in the legislative consolidation of the idea of gender equality. The main directions of the state policy on equal rights and opportunities for women and men were fixed: non-discrimination on the basis of gender, equal participation of women and men in the adoption of socially important the formation of responsible maternity and paternity, the education and promotion of a culture of gender equality among the population of Ukraine, the dissemination of educational activities in this area, etc. The article points to the inextricable link and the impact of gender equality on all spheres of social relations, and the definition of gender equality as a philosophical and legal category is given. The responsibility of the state for the consolidation of gender equality at the legislative level is indicated. It is noted that in order to satisfy the requirements of legal technology, it is necessary to consolidate concepts and features of gender by ratifying international agreements and to provide a legal definition of the concept of gender equality.
Authors and Affiliations
С. І. Корсун, В. В. Желіховський
Keywords
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